royalties left to grandchild for education

[jjgrig]

My parent who died recently in Louisiana stated in her will, "I give to ...my income from mineral leases to be used for her education." Does this mean that the royalty income will go back to my siblings and me after the grandchild finishes her education? The will states nothing about transfer of ownership.
Thanks for your help.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

It means if there is income from that mineral lease, it will go to the designated person for her education. A few things could happen:

Designated person may not incur educational expenses/dies, etc. --> may go back to residue of estate and be dispersed among beneficiaries according to probate rules/other provisions in will (i.e. residue of estate).

Or perhaps there may not be any more money from the lease royalties which means either switching for another gift (to replace) or person goes emptyhanded.

An estate planning attorney in your state must look at the totality of circumstances, including all the provisions in the will.